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Saratoga Springs man gets 3 to 9 years in state prison for driving drunk, striking jogger

BALLSTON SPA — A Saratoga Springs man was sentenced in Saratoga County Court on Friday to 3 to 9 years in state prison for driving drunk last November and striking a jogger, which seriously injured the man.

Patrick F. Phelan, 54, was traveling on Ballston Avenue on Nov. 15 when he swerved out of the travel lane and struck 72-year-old Andrew Fincke on the east shoulder of the road. Fincke was transported to Albany Medical Center with head trauma and severe injuries to his legs and torso as a result of the crash.

Phelan, a Lyft driver, had been drinking alcohol into the early morning hours of Nov. 15. He then began picking up passengers just before 9 a.m.

A chemical test revealed that Phelan had a blood alcohol concentration of 0.33%. The threshold for intoxication in New York is 0.08%.

Phelan had pleaded guilty in Saratoga County Court in April to felony aggravated vehicular assault and misdemeanor second-degree reckless endangerment.